Aditya Sanjay Patil v. Sanjay Chandrakant Patil (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 10th FEBRUARY, 2025 CALLED FOR DIRECTION :

Sr. No. 13, TP-664-2025 (E-filed) None present for parties.

1. Perused Petition. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Sanjay Chandrakant Patil alias Sanjay Patil, who died at Mumbai on 29.12.2020. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'B' to the petition.

2. Upon perusal of petition, it is noticed that the said Deceased at the time of his Death resided at 59, GOPAL Bhuvan, Ranade Road, Dadar (West), Mumbai - 400028, and left the Shares and Securities within Greater Bombay and in the State of

3. Upon perusal of petition, it is noticed that the legal heirs left behind by the deceased surviving as his only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

4. Upon perusal of petition, it is noticed that the said deceased died intestate and that due and diligent search has been made for Will but none has been found.

5. Upon perusal of petition, it is noticed that no application has been made to any District Court or District Delegate or to any High Court for Probate of any Will of the said deceased or for Letters of Administration will or without Will annexed to his property and credits or any petition for Succession Certificate.

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6. "Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary Petition 2559 of 2022, directions was given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class- I legal heir. Registry is directed to not to insist for filing / furnishing of Administration Bond." Hence, Administration Bond is dispensed with.

7. In the aforesaid circumstances, I pass the following order:

ORDER

a. Office to Issue General Notice within two weeks from the date of uploading of this order.

b. Advocate for the petitioner to file Affidavit of Service of General Notice and also effect service upon non-consenting legal heirs, if any as per Rules 399 and 400 of the Bombay High Court Original Side Rules and also justify surety of non-consenting legal heirs and furnish Administration Bond within one week thereafter. c. Office to verify if any cross petition is filed, if cross petition is filed, then take steps to place before the Hon'ble Court under Rule 407 of High Court Original Side Rules.

d. List the matter on 18.03.2025 for compliance. 10.02.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay